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B-205454 1 (1982-09-21)

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  DEO CISIONOF THVi UNITMO STATI
                            WASHINGTON, o0.0       9054s



  PILE: B-2(j5454                 DATElSeptember 21, 1982

  MATTER OF:       Marion K. Gibson, et al.

                                     0
  DIGEBT: Whil: he issues involving travel
            claims ate pending before an
            administrative hearing autihority
            and are the subject of litigation,
            in a court, the Comptroller
            General must decline to act upon
            the claims.
     On February 25, 1981, the Claims Group, Account-
 ing and Financial Management Diviston :)f this Office
 issued settlements directing the Air Force Accounting
 and Pittance Center to pay certain travel expense
 claims, of four civilian employees of the Illinois Ail
 Natio4cl Guard--Messrs. Marion K. Gibson, Leonard K,
 Lambert, Richard L. Pollitt, and William L. Spence.
 The allowance covered three-quarters of the per diem
 rate for the employees' travel on September 10, 1980,
 and mileage to the employee driving the privately
 owned vehicle used for transportation.

     On September 11, 1981, the claim settlements
were returned to the Claims Group by the Air ?orce
Accounting and Finance Center togethez with
additional information concerning the facts and
circumstances surrounding the travel involvvd.
Review of the settlement was requested and It was
recommended that the allowance of the claims be
reversed in view of the additional information
presented.

     Before acting upon that request we were asked to
allow the claimants and their uriion representative to
submit comments. These commenl;s were received on
August 38, 1902.

     h1owever, by letter of June 21, 1982, the
Commander of the Illinois Air National Guard reported
that the claimants had appealed disciplinary action
agairnst them taken in connection with their travel.
A hearing was scheduled for July 13, 1982, to decide
the appeal before the Adjutant General of Illinois.
The Com.,ander further rcjor'.e1 that the claimants


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